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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35374
Experience:  16 years real estate, Realtor. Landlord 26 years
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I have been having trouble with the Builders of my house

Customer Question

I have been having trouble with the Builders of my house since I moved in February of this year. My numerous calls to the Builder and the community owners have gone unanswered. I am a senior citizen with medical disabilities and these issues and problems have cost me a great deal of stress and anxiety. I feel it is time for me to now get legal counsel to step in and help me resolve my problems. Please contact me at my home phone number(###) ###-#### ***** assistance or advice that you could provide me will be greatly appreciated thank you Joanne Gandara Ecoff.
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Barrister replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Can you give me some idea of the problems you are experiencing?

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Was there a home warranty provided with the home, like a 2 yr/10 yr warranty?

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thanks

Barrister

Customer: replied 8 months ago.
I lived in California prior to moving to North Carolina . I am a senior citizen with medical disabilities which prevented me from overseeing any of the construction of my new home here in North Carolina. I had to rely solely on the builders honesty and experience. After the keys were turned over to me in February of this year there were numerous problems and issues which were noted when we did our final inspection. In addition several other problems came up with my new home and as of today there are still problems that have not been addressed. For example I paid an extra $6,100 to have a better grade of grass installed in my backyard and front yard. The Landscaping was also left up to the landscaper with specific instructions as to what type of plants I desired to be used. This issue alone has not been resolved nor has anybody from the Builder answered my frequent requests to inspect these issues. When I first moved in I was without a working irrigation system which did not work for over 2 weeks. These are just a few of the problems that I have been facing since I moved in. I am at a point because of my disabilities that it is time now for me to consult legal council and take legal action. I live in Leland, North Carolina.
Customer: replied 8 months ago.
There is a home warranty of 1 year and warranties on the construction etc which I would have to check my files
Customer: replied 8 months ago.
Because of the fact that I was not able to be here during the construction face I feel that they took advantage of me because I am a senior citizen
Expert:  Barrister replied 8 months ago.

Ok, if the builder has not performed as agreed, then your recourse here is to sue them for breach of contract and demand compensation from them so that you can have the repairs made or things completed as they were agreed under the contract.

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So you would need to first get estimates on the cost of completing or repairing things from licensed contractors and then send a written demand letter certified mail to the builder stating that you are giving them XX days to correct the problems or you will file suit against them for breach of contract and sue for the cost to cure the defects. I would opine that 10 - 14 days would be reasonable to get them to respond.

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Then if the builder doesn't take action, you can then actually file suit under a breach of contract claim.

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If you want to put a little more "bite" into the letter, you can have a local real estate or civil litigation attorney send the "demand letter" threatening them. Sometimes a letter from an attorney will "encourage" a party to comply rather than be dragged into court to lose. If it comes from an attorney, then they know you are serious and they can't really continue to ignore you.

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thanks

Barrister

Customer: replied 8 months ago.
Is there anyway that I can have this transcript sent to my email so that I could use it as a referral while preparing the letter of demand
Expert:  Barrister replied 8 months ago.

I apologize for the delay.. I am in and out of the office today..

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I don't have any way to email customers as I am just an independent contractor on the JustAnswer website. But when I want to save something, I will copy it and then paste it into a Word document for later use.

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thanks

Barrister

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